Section 252CA — Screening and strip searches of detainees and searches of facilities—seizure of certain prohibited things

252CA Screening and strip searches of detainees and searches of facilities—seizure of certain prohibited things

Scope—certain prohibited things

(1) This section applies in relation to a prohibited thing determined under paragraph 251A(2)(b), unless subsection 252C(1) applies in relation to the prohibited thing. Note 1: Paragraph 251A(2)(b) covers the determination of a thing as a prohibited thing if the Minister is satisfied that its possession or use in an immigration detention facility might be a risk to the health, safety or security of persons in the facility, or to the order of the facility. Note 2: For the seizure of other things obtained by screening detainees, by a strip search of detainees or by a search of certain immigration detention facilities, see section 252C.

Seizure

(2) Subject to subsection (4), in the course of the conduct of a screening procedure under section 252AA, or of a search under section 252A or 252BA, an authorised officer may seize a thing to which this section applies.

(3) However, subsection (2) does not authorise the seizure of a medication or health care supplement in the course of a search under section 252BA if there are reasonable grounds for an authorised officer conducting the search to consider that:

(a) the medication or supplement is possessed or controlled by a particular detainee; and

(b) the medication or supplement is not a prohibited thing in relation to the particular detainee because of subsection 251A(3). Note: Section 252BA deals with searches of certain immigration detention facilities. Subsection 251A(3) deals with medications and health care supplements that are prescribed or supplied for a person’s individual use.

(4) If an authorised officer has the power to seize a thing under subsection (2), the officer must seize the thing if a direction under subsection 251B(6) has the effect of requiring the officer to seize the thing. Note 1: An authorised officer does not have the power to seize a medication or health care supplement under subsection (2) if subsection (3) applies in relation to the medication or supplement. Note 2: An authorised officer has the power to seize a prohibited thing under subsection (2) only if the exercise of the power is authorised under subsection 251AA(3) (which relates to preventing or lessening immigration detention facility risks). Note 3: A prohibited thing that is seized under subsection (2) may be returned to a detainee, temporarily or indefinitely, before the detainee ceases to be in detention (see subsections 251AA(4), (5) and (6)).

Return of seized things

(5) Section 252CB applies to a thing that is seized under subsection (2) of this section. Note: Section 252CB provides for the return of things seized under this section and of certain things seized under section 252C.